BUL 3310 Exam 1 FSU Bailey
Most of the powers of the federal government enumerated in the Constitution are
powers shared with the states.
True
False - ✔️✔️False
Res judicata is best defined as
A court enforced promise
A controversy that has been litigated and forever settled between the parties
The ruling of a court of equity
The legal basis for dicta in court opinions. - ✔️✔️A controversy that has been litigated
and forever settled between the parties
Today, scholars argue the role of the corporation is to maximize the return on
investment of shareholders.
True
False - ✔️✔️False
Deductive reasoning requires one to ____.
make inferences from facts to make a legal conclusion
use major and minor premises to draw logical conclusions
derive the correct premises from a logical conclusion
draw conclusions from similar cased decided in the past - ✔️✔️use major and minor
premises to draw logical conclusions
It is the function of a grand jury to determine the guilt or innocence of a defendant in a
capital case.
True
False - ✔️✔️False
Big Corporation (BC) is an American business incorporated in the State of Delaware. Its
principal place of business is in New Jersey. Franklin lives in New York. For purposes of
diversity of citizenship, Big Corporation is a citizen of
,Delaware
New Jersey
New York
Both Delaware and New Jersey - ✔️✔️Both Delaware and New Jersey
Tort law is a subset of private law that seeks to compensate the injured party for the
loss caused by the actions of another.
True
False - ✔️✔️True
Sue failed to file an answer or respond in any way to a complaint and summons. The
court will enter a motion to dismiss against her.
True
False - ✔️✔️False
The first of the pleadings in a civil case is filed by the plaintiff and contains the
allegations he is making against the defendant. This document is called the_________.
Summons
Affidavit
Complaint
Counterclaim - ✔️✔️Complaint
The powers of the federal government are limited to those enumerated in the
Constitution
True
False - ✔️✔️True
Selling alcohol to a minor is an example of a strict liability crime.
True
False - ✔️✔️True
,For misdemeanors, the government brings charges against the accused in a
(n)__________.
Indictment
True bill
Information
Complaint - ✔️✔️Information
Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns
menial supervisory duties to this employee, that do not meet the department of labor
(DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be
aware that these new supervisory duties do not meet the requirements of the DOL and
does not expect the department of labor will look into the classification if the clerk does
not contest their status with the DOL. This practice is:
A.
Technically allowed since the employee has some managerial duties..
B.
A legitimate legal strategy to reduce labor costs and remain competitive
C.
Unethical and contrary to the letter of the employment laws
D.
Unethical and contrary to the spirit of the employment laws
E.
C and D - ✔️✔️C and D
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat
Pies" to introduce a new type of weight-loss pie. Which of the following is true with
respect to his actions:
A.
Fat Frank can be sued in tort in civil court.
B.
Fat Frank can potentially face criminal liability for his actions.
C.
Fat Frank behaved unethically.
, D.
A and B
E.
A, B, and C - ✔️✔️A, B, and C
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar
"knock-off" product because Chirp Chirp is just a small start-up company and they lack
the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is:
A.
acting ethically...business is war.
B.
Unethically exploiting their power and size in the marketplace.
C.
Ethically using the civil legal system just like everyone else.
D.
Ethically challenging the role of patent rights in society
E.
None of the above - ✔️✔️Unethically exploiting their power and size in the
marketplace.
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his
attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may
potentially shut her down. Which of the following best characterizes this scenario.
A.
This legal course of action is legal and ethical
B.
This action is certainly legal, but not ethical.
C.
This type of legal action cannot be ethically or legally justified.
D.
Everyone knows Lucy sells her liqour cheap, so bob's action is ethical.
E.
Most of the powers of the federal government enumerated in the Constitution are
powers shared with the states.
True
False - ✔️✔️False
Res judicata is best defined as
A court enforced promise
A controversy that has been litigated and forever settled between the parties
The ruling of a court of equity
The legal basis for dicta in court opinions. - ✔️✔️A controversy that has been litigated
and forever settled between the parties
Today, scholars argue the role of the corporation is to maximize the return on
investment of shareholders.
True
False - ✔️✔️False
Deductive reasoning requires one to ____.
make inferences from facts to make a legal conclusion
use major and minor premises to draw logical conclusions
derive the correct premises from a logical conclusion
draw conclusions from similar cased decided in the past - ✔️✔️use major and minor
premises to draw logical conclusions
It is the function of a grand jury to determine the guilt or innocence of a defendant in a
capital case.
True
False - ✔️✔️False
Big Corporation (BC) is an American business incorporated in the State of Delaware. Its
principal place of business is in New Jersey. Franklin lives in New York. For purposes of
diversity of citizenship, Big Corporation is a citizen of
,Delaware
New Jersey
New York
Both Delaware and New Jersey - ✔️✔️Both Delaware and New Jersey
Tort law is a subset of private law that seeks to compensate the injured party for the
loss caused by the actions of another.
True
False - ✔️✔️True
Sue failed to file an answer or respond in any way to a complaint and summons. The
court will enter a motion to dismiss against her.
True
False - ✔️✔️False
The first of the pleadings in a civil case is filed by the plaintiff and contains the
allegations he is making against the defendant. This document is called the_________.
Summons
Affidavit
Complaint
Counterclaim - ✔️✔️Complaint
The powers of the federal government are limited to those enumerated in the
Constitution
True
False - ✔️✔️True
Selling alcohol to a minor is an example of a strict liability crime.
True
False - ✔️✔️True
,For misdemeanors, the government brings charges against the accused in a
(n)__________.
Indictment
True bill
Information
Complaint - ✔️✔️Information
Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns
menial supervisory duties to this employee, that do not meet the department of labor
(DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be
aware that these new supervisory duties do not meet the requirements of the DOL and
does not expect the department of labor will look into the classification if the clerk does
not contest their status with the DOL. This practice is:
A.
Technically allowed since the employee has some managerial duties..
B.
A legitimate legal strategy to reduce labor costs and remain competitive
C.
Unethical and contrary to the letter of the employment laws
D.
Unethical and contrary to the spirit of the employment laws
E.
C and D - ✔️✔️C and D
Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat
Pies" to introduce a new type of weight-loss pie. Which of the following is true with
respect to his actions:
A.
Fat Frank can be sued in tort in civil court.
B.
Fat Frank can potentially face criminal liability for his actions.
C.
Fat Frank behaved unethically.
, D.
A and B
E.
A, B, and C - ✔️✔️A, B, and C
Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar
"knock-off" product because Chirp Chirp is just a small start-up company and they lack
the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is:
A.
acting ethically...business is war.
B.
Unethically exploiting their power and size in the marketplace.
C.
Ethically using the civil legal system just like everyone else.
D.
Ethically challenging the role of patent rights in society
E.
None of the above - ✔️✔️Unethically exploiting their power and size in the
marketplace.
Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his
attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may
potentially shut her down. Which of the following best characterizes this scenario.
A.
This legal course of action is legal and ethical
B.
This action is certainly legal, but not ethical.
C.
This type of legal action cannot be ethically or legally justified.
D.
Everyone knows Lucy sells her liqour cheap, so bob's action is ethical.
E.
